CITY OF BEVERLY HILLS
Council Chamber
455 North Rexford Drive
Beverly Hills, CA 90210
MINUTES
CITY COUNCIL REGULAR MEETING AND PARKING AUTHORITY MEETING November 7, 2023
7:00 p.m.
Pursuant to Government Code Section 54953(e)(3), members of the Beverly Hills City Council and staffmay participate in this meeting via teleconference/video conference. In the interest of maintaining appropriate social distancing, members of the public can access City Council meetings telephonically, through live webcast, and BHTV Channel lOon Spectrum Cable.
City Council meetings are broadcast on local Beverly Hills television and on other media platforms. Anyone who participates at the meeting and/or enters the City Council Chamber is subject to having their image displayed. These recordings will remain publicly accessible in perpetuity.
The City Council may act on any item listed on the agenda.
The City Council Regular Meeting was called to order by Mayor Gold at 7:00 p.m.
PLEDGE OF ALLEGIANCE led by Director of Community Development Michael Forbes.
A. ROLL CALLS
Present: Councilmember Nazarian, Councilmember Bosse, Councilmember Mirisch, Vice Mayor Friedman, Mayor Gold
Absent: None
Mayor Gold requested a moment of silence to honor those affected by the conflict in Gaza.
Mayor Gold encouraged community members in need of assistance or support services to contact the City’s Human Services Division at 310-285-1006.
B. PRESENTATIONS
1. 60 SECOND SHOUT OUT: Carroll Custom
Mayor Gold, along with the entire City Council, presented a shout out recognition to John Caroll owner of Caroll Custom which was originally founded as Caroll & Co. in 1949 by his father.
City Council Regular/Parking Authority Meeting
November 7, 2023
2. PRESENTATION: Embrace Civility Award
Mayor Gold, along with the entire City Council, presented the Embrace Civility Award to Tina Wiener. Tina has dedicated years of service to our children and community as ateacher, PTA president, and currently, President of the Beverly Hills Education Foundation.
3. TEXT BH — Text messages on any City-related topic may be sent to (310) 596-4265.
City staff will acknowledge receipt of the text message within one business day, however, resolution of issues may take longer.
If you would like to receive updated text alerts from the Beverly Hills Police Department, please text “BHPDalert” to 888777. Text alerts will keep you informed of any Policeactivity within the City.
Councilmember Nazarian announced that text messages on any City-related topic may be sent to (310) 596-4265, and to text BHPDalert to 888777 if interested toreceive text alerts from the Beverly Hills Police Department.
C. ORAL COMMUNICATIONS
1. TELEPHONE CALL-IN: (310) 288-2288 Members of the public are invited to listen to the meeting telephonically or share oral communications on this phone line.
2. AUDIENCE COMMENTS. Any person wishing to address the City Council/Parking Authority on any matter may do so in writing, through email or in-person. However, the State open meetings law (Government Code Section 54950 et seq.) prohibits the City Council/Parking Authority from providing a detailed response or acting upon any item not contained on the agenda posted 72 hours before a regular meeting and 24 hours before a special meeting. If you wish to address the City Council/Parking Authority at this time, please email or provide an in-person speaker card to the City Clerk prior to or during the meeting. The City Clerk will read only the first three minutes (approximately 350 words) of a written comment. In the event of a large number of written commentson one item, written comments may be summarized by the City Clerk’s Office. The entire written comment shall be archived in full as part of the record. Public comment via video conference or in-person will be no longer than three (3) minutes per each individual comment, subject to City Council discretion based on the anticipated length in the meeting.
Speakers:
1. Salee Amina re: Parks and Recreation Community Center staff
2. Amanda Smith re: DuPont Clinic
3. Heather Fels re: DuPont Clinic
4. David Gingold re: Israel
5. Gay Abrams re: DuPont Clinic
6. Kelly Field re: DuPont Clinic
7. Treva Brandon Scharl re: Traffic Calming
8. Natalia Reagan re: DuPont Clinic9. Amanda Rykoff re: DuPont Clinic City Council Regular/Parking Authority Meeting
November 7, 2023
10. Dr. Kim Bader re: DuPont ClinicII. Lauren Elder re: DuPont Clinic
12. (Illegible name) re: DuPont Clinic
13. Grahame S. Elder re: DuPont Clinic
Telephone Public Comment:
1. Marissa Levin re: DuPont Clinic
2. Gina Seidel re: DuPont Clinic
3. Nancy Saper re: Affordable housing for seniors
4. Lee Lindenlaub re: DuPont Clinic
5. Andrea Grossman re: DuPont Clinic
At the request of Mayor Gold, City Clerk Huma Ahmed summarized written comments from Larry Schwartz, Kathryn Kantner, and Laura Adler in support of abortion rights and the DuPont Clinic and written comments from Nazila Rastegar and Jolie Jashni regarding street parking/restaurants.
Mayor Gold recommended the public read the City’s statement regarding the DuPont Clinic which outlines a detailed timeline of events. The statement is available on the City’s website.
D. PARKING AUTHORITY CONSENT CALENDAR
FISCAL IMPACT REPORT
MOVED by Director Nazarian, seconded by Director Bosse to approve all items on the Parking Authority consent calendar
Minutes
None
Other Business
APPROVAL OF:
BUDGET AMENDMENTS UNDER THE AUTHORITY OF THE EXECUTIVE
DIRECTOR OR DESIGNEE FOR FISCAL YEAR 2022-23.
Comment: In accordance with the annually adopted budget resolution and Beverly Hills Municipal Code, this report provides the annual required reporting of appropriations approved during Fiscal Year 2022-23 by the Executive Director of the Parking Authority.
ITEM D-1: APPROVED
2. THIRD AMENDMENT OF LEASE BY AND BETWEEN THE PARKING AUTHORITY
OF THE CITY OF BEVERLY HILLS AND SOUTHWEST WINE & SPIRITS, LLC AT 447 NORTH CAFcJON DRIVE.
City Council Regular/Parking Authority Meeting
November 7, 2023
Comment: Staff recommends The Parking Authority Board of Directors approve the Third Amendment of Lease by and between The Parking Authority of the City of Beverly Hills and Southwest Wine & Spirits, LLC for the property located at 447 North Cañon Drive. The Third Amendment establishes the rent schedule for the duration of the extension term.
ITEM D-2: APPROVED, AG# PA-23-014
Vote on the Parking Authority Consent Calendar:
Ayes: Director Nazarian, Director Bosse, Director Mirisch, Vice Chair Friedman, and Chair Gold.
Noes: None.
CARRIED
E. CITY COUNCIL CONSENT CALENDAR
FISCAL IMPACT REPORT
MOVED by Councilmember Bosse, seconded by Councilmember Mirisch to approve all items on the City Council Consent Calendar, and direct that theappropriate accounts be charged on items E-3 and E-4 Minutes
1. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Study Session Meeting of February 7, 2023.
ITEM E-1: APPROVED
2. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Regular Meeting of February 7, 2023.
ITEM E-2: APPROVED
Demands Paid
3. REVIEW OF BUDGETED DEMANDS PAID, covering dates October 10, 2023 to October 30, 2023.ITEM E-3: APPROVED
4. PAYROLL DISBURSEMENT REPORT, covering dates October 10, 2023 to October 30, 2023.
ITEM E-4: APPROVED
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Other Business
ORDINANCE OF THE CITY OF BEVERLY HILLS:
5. AUTHORIZING THE BEVERLY HILLS POLICE DEPARTMENT’S MILITARY
EQUIPMENT USE INVENTORY IN ACCORDANCE WITH GOVERNMENT CODE SECTION 7071. — For Introduction
Comment: Staff is recommending that City Council review the new Military Equipment Use Inventory listing five new items requested to be purchased by the PoliceDepartment and make appropriate findings under Government Code § 7071(d)(1).
ITEM E-5: INTRODUCED AND READ BY TITLE ONLY, ADVANCE TO THEMEETING OF NOVEMBER 21, 2023, FOR ADOPTION RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS:
6. FOR ACCEPTANCE OF A GRANT UNDER THE U.S. DEPARTMENT OF JUSTICE,
OFFICE OF JUSTICE PROGRAMS FEDERAL BULLETPROOF VEST
PARTNERSHIP; AND
APPROPRIATION OF $7,059.78 TO PURCHASE BALLISTIC VESTS.
Comment: Staff recommends the City Council adopt a resolution authorizing theacceptance of grant funding under the Federal Bulletproof Vest Partnership andappropriate grant funds of $7,059.78 for the purchase of ballistic vests.
ITEM E-6: APPROVED, RES# 23-R-1 3489
7. ACCEPTING A GRANT AWARDED BY THE STATE OFFICE OF TRAFFIC SAFETY
FOR TRAFFIC ENFORCEMENT AND APPROPRIATING FUNDS IN THE AMOUNT OF $80,000 FOR POLICE OVERTIME, TRAVEL, AND SUPPLIES.
Comment: Staff recommends that the City Council authorize the acceptance of grant funding from the California Office of Traffic Safety (OTS) and authorize the City Manager or her designee to execute and submit all documents needed for the administration of the Selective Traffic Enforcement Program grant, including applications, payment requests, and agreements for Police Department sobriety enforcement operations, other OTS traffic operations, training/travel, and appropriate funds in the amount of $80,000.
ITEM E-7: APPROVED, RES# 23-R-1 3490
APPROVAL OF:
8. AN AGREEMENT WITH TUCKER ELLIS, LLP FOR SPECIAL COUNSEL SERVICES.
Comment: The City Attorney recommends that the City Council approve an Agreement between the City of Beverly Hills and Tucker Ellis LLP for special counsel services.
ITEM E-8: APPROVED, AG# 606-23
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9. AGREEMENT WITH HOUSEKEYS, iNC. FOR AFFORDABLE HOUSING PROGRAM CONSULTING SERVICES; AND
APPROVAL OF A PURCHASE ORDER TO HOUSEKEYS, INC. FOR A TOTAL NOTTO-EXCEED AMOUNT OF $137,300 FOR THE ABOVE SERVICES.
Comment: Staff recommends that the City Council approve an agreement with Housekeys, Inc. to provide affordable housing program consulting services. Staff is also recommending that City Council approve a purchase order for a total not-toexceed amount of $137,300 for the services to be provided.
ITEM E-9: APPROVED, AG# 607-23
10. AMENDMENT NO.1 TOTHEAGREEMENT WITH PALP, INC. DBA EXCEL PAVING COMPANY FOR ON-CALL PAVEMENT REPAIRS PROJECT; AND
APPROVAL OF ISSUANCE OF A CHANGE PURCHASE ORDER IN THE AMOUNT OF $429,000.00 TO PALP, INC. DBA EXCEL PAVING COMPANY FOR THE PROJECT OVER A ONE (1) YEAR CONTRACT TERM, FOR A TOTAL PURCHASE ORDER NOT-TO-EXCEED AMOUNT OF $2,644,360.
Comment: Staff recommends City Council move to approve Amendment No. I to the contract with Palp, Inc. DBA Excel Paving Company for on-call pavement repairservices in the amount of $390,000.00 over a one (1) year contract term, with one (1) additional one-year renewal term available if extended again, in the total amount to bedetermined through future City Council budgetary process for the contract uponsuccessful performance by the Contractor; approve a construction contingency of 10% in the amount of $39,000.00; and approve the issuance of a change purchase order to PaIp, Inc. DBA Excel Paving Company, in the amount of $429,000.00 for the project overthe one (1) year contract term.
ITEM E-10: APPROVED, AG# 608-23
11. AUTHORIZE THE CITY MANAGER TO APPROVE AMENDMENT NO. 1 WITH DATA TICKET, INC. FOR PARKING CITATION AND PERMIT MANAGEMENT SYSTEM
INCLUDING CITATION ISSUANCE DEVICES AND MOBILE LICENSE PLATE RECOGNITION (LPR) TECHNOLOGY; AND
APPROVAL FOR THE CITY MANAGER (OR DESIGNEE) TO EXECUTE A PURCHASE ORDER TO DATA TICKET, INC. FOR A TOTAL NOT TO EXCEED AMOUNT OF $1,015,000 FOR FISCAL YEAR 2023/2024 AND PURCHASE ORDERS
FOR FUTURE FISCAL YEARS DURING THE FIVE-YEAR TERM OF THE AGREEMENT.
Comment: Staff recommends City Council authorize the City Manager to approve Amendment No. 1 to the agreement between the City of Beverly Hills and Data Ticket, Inc. for Parking Citation and Permit Management Systems including mobile license plate recognition technology. Staff also recommends City Council authorize the CityManager or designee to approve a purchase order to Data Ticket, Inc. in an amount City Council Regular/Parking Authority Meeting
November 7, 2023Page 7
not to exceed $1,015,000 for services under this agreement for Fiscal Year 2023/2024 and future purchase orders during the five-year term of the agreement.
Telephone Public Comment:
1. Mark Elliot
ITEM E-1 1: APPROVED
Vote on the City Council Consent Calendar:
Ayes: Councilmember Nazarian, Councilmember Bosse, Councilmember Mirisch, Vice Mayor Friedman, and Mayor Gold.
Noes: None.
CARRIED
F. CITY COUNCIL PUBLIC HEARING
TO SET:
None
TO CONSIDER:
1. AN APPEAL OF THE PLANNING COMMISSION’S JUNE 22, 2023 DECISION
APPROVING A DEVELOPMENT PLAN REVIEW AND DENSITY BONUS PERMIT
TO ALLOW FOR THE CONSTRUCTION OF A NEW SIX-STORY, MIXED USE DEVELOPMENT WITH GROUND FLOOR COMMERCIAL USES AND 105RESIDENTIAL DWELLING UNITS AT 55 NORTH LA CIENEGA BOULEVARD.
A RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS
CONDITIONALLY APPROVING A DEVELOPMENT PLAN REVIEW AND DENSITY
BONUS PERMIT TO ALLOW FORA NEW SIX-STORY MIXED USE DEVELOPMENT WITH GROUND FLOOR COMMERCIAL USES, 105 RESIDENTIAL DWELLING
UNITS ON THE SECOND THROUGH FIFTH STORIES, AND ROOFTOP
RESTROOMS ON THE SIXTH STORY AT 55 NORTH LA CIENEGA BOULEVARD,FINDING THE PROJECT EXEMPT FROM THE CALIFORNA ENVIRONMENTAL QUALITY ACT, AND DENYING A RELATED APPEAL.
Comment: On June 22, 2023, the Planning Commission adopted a resolutionapproving the construction of a new six-story, mixed use development with ground floor commercial uses and 105 residential dwelling units at 55 North La Cienega Boulevard. Subsequently, a timely appeal of the Planning Commission’s decision was filed on July 5, 2023, by Lozeau Drury LLP, on behalf of Supporters Alliance for Environmental Responsibility (“SAFER”). This item was continued from the September 12, 2023 meeting at the request of the applicant to address additional appeal objections filed by the appellant the day of the originally scheduled meeting.
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It is recommended that the City Council hold a de novo public hearing to consider the appeal and adopt a resolution approving the project, and finding the project exempt from the California Environmental Quality Act, and upholding the Planning Commission’s decision (i.e., denying the appeal), which would allow the project to move forward through the City’s architectural review and building permit processes.
City Planner Masa Alkire presented information related to this item.
Telephone Public Comment:
I. Anonymous
Written Public Comment Read into the Record:
1. Mitra Yadegari
Council provided their questions and comments.
Victoria Yundt (on behalf of the appellant), Assistant City Attorney Dave Snow, City Attorney Laurence Wiener, City Planner Masa Alkire, and Josh Carman (Rincon) responded to council questions.
MOVED by Councilmember Bosse, seconded by Councilmember Nazarian to approve item F-i as follows:
THAT THE CITY COUNCIL UPHOLD THE PLANNING COMMISSION’S
DECISION, DENY THE APPEAL, APPROVE THE PROJECT BASED ON
THE REQUIRED FINDINGS, AND ADOPT THE RESOLUTION
ENTITLED, “A RESOLUTION OF THE COUNCIL OF THE CITY OFBEVERLY HILLS CONDITIONALLY APPROVING A DEVELOPMENTPLAN REVIEW AND DENSITY BONUS PERMIT TO ALLOW FOR A
NEW SIX-STORY MIXED USE DEVELOPMENT WITH GROUND
FLOOR COMMERCIAL USES, 105 RESIDENTIAL DWELLING UNITS
ON THE SECOND THROUGH FIFTH STORIES, AND ROOFTOP
RESTROOMS ON THE SIXTH STORY AT 55 NORTH LA CIENEGA
BOULEVARD, FINDING THE PROJECT EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND DENYING A
RELATED APPEAL” AS AMENDED
Ayes: Councilmember Nazarian, Councilmember Bosse, Councilmember Mirisch, Vice Mayor Friedman, and Mayor Gold.
Noes: None.
CARRIED
ITEM F-I: APPROVED AS AMENDED, RES# 23-R-I 3491
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G. CITY COUNCIL CONTINUED AND NEW BUSINESS
METRO PURPLE LINE SECTION 2 - REQUEST TO IMPLEMENT FULL CLOSUREOF SOUTH CAIJON DRIVE TO FACILITATE APPENDAGE STRUCTURE CONSTRUCTION.Comment: Staff recommends that City Council move to approve the request by the Los Angeles County Metropolitan Transportation Authority (Metro) to temporarily fully close South Cañon Drive at Wilshire Boulevard to safely accommodate the construction of an underground appendage structure for the Purple (D) Line Section 2 subway station for approximately three months until the first quarter of 2024, with recommended mitigation measures to protect nearby residents.
City Engineer Daren Grilley presented information related to this item.
Council provided their questions and comments.
City Engineer Daren Grilley and City Attorney Laurence Wiener responded to councilquestions.
ITEM G-1: COUNCIL APPROVED THE REQUEST
2. NORTH CAFJON DRIVE CLOSURE EXTENSION CONSIDERATION.
Comment: Staff recommends that City Council (1) approve an additional one-year extension of the temporary closure of North Cañon Drive at Wilshire Boulevard until December 31, 2024, or sooner when the street closure and soundwall are no longer necessary to mitigate construction impacts in 2024 or alternatively (2) approve anadditional six-month extension until June 30, 2024 and each future extension to consider up to six months until September 2025, which is when the closure extension expires.
City Engineer Daren Grilley presented information related to this item.
Speakers:
1. Tom Carpenter
2. Steve Scott Springer
Video Public Comment:
1. David Mirharooni
Council provided their questions and comments.City Engineer Daren Grilley, Metro Deputy Executive Officer Zeph Varley MOVED by Councilmember Bosse, seconded by Councilmember Nazarian to approve item G-2 as follows:
THE APPROVAL OF AN ADDITIONAL SIX-MONTH EXTENSION UNTIL JUNE 30, 2024 AND EACH FUTURE EXTENSION TO CONSIDER UP
City Council Regular/Parking Authority Meeting
November 7, 2023
TO SIX-MONTHS UNTIL SEPTEMBER 2025, WHICH IS WHEN THE
CLOSURE EXTENSION EXPIRES
Ayes: Councilmember Nazarian, Councilmember Bosse, Councilmember Mirisch, Vice Mayor Friedman, and Mayor Gold.
Noes: None.
CARRIED
ITEM G-2: APPROVED
3. REPORT FROM THE CITY ATTORNEY ON CLOSED SESSION ITEMS None
4. REPORT FROM THE CITY MANAGER
City Manager Nancy Hunt-Coffey introduced the City’s new Community Development Director Michael Forbes. He provided a brief background on his professional career.
5. CITY COUNCILMEMBER AND COMMITTEE REPORTS AND COMMENTS Councilmember Nazarian spoke against hate, terror, and antisemitism.
Councilmember Bosse spoke about the ongoing conflict in Israel.
Councilmember Mirisch reported on his attendance at the CALAFCO conference. Healso spoke against other cities’ resolutions regarding the conflict in Israel.
Vice Mayor Friedman spoke about the community’s response to the conflict in Israel.
Mayor Gold spoke about antisemitism.
H. COMMISSION SYNOPSIS
I. RECREATION AND PARKS COMMISSION -Regular Meeting of
September 26, 2023
TRAFFIC AND PARKING COMMISSION -Regular Meeting of October 5, 2023 ARTS AND CULTURE COMMISSION -Regular Meeting of October 10, 2023 HUMAN RELATIONS COMMISSION -Regular Meeting of October 19, 2023 ITEM H-I: NO ACTION TAKEN
OTHER BUSINESS
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J. ADJOURNMENT
The next City Council regular meeting is scheduled for November 21, 2024.There being no further business, Mayor Gold, with the consent of the City Council, adjourned the meeting at 11:07 p.m.
PASSED, Approved and Adopted
this 21st day of May, 2024
HUMA AHMED, City Clerk/Secretary
LESTER J. FRIEDMAN, MAYORICHAIR
This meeting was broadcast on live television, on City of Beverly Hills municipal government television access Channel BHTVIO Spectrum Cable.